diptam
08-13 05:19 PM
Everytime i Open IV this Non-value added thread rolls up in the Top.
Why dont you close this - Unnecessary arguments are wasting everyone's Time !!
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
Why dont you close this - Unnecessary arguments are wasting everyone's Time !!
please direct your energy to more useful directions, volunteer, contribute and join the rally in DC on 9/18. join your state chapters. complete your profile on iv- what's the point of so much smoke and fire when you want to hide from everyone- your profile is not public, but iv needs you. you and i are iv. there is no iv but us. if you believe there is some nebulous entity that will magically solve your problems without your lifting a finger, well that's usually the stuff of dreams- and maybe your GC will arrive tonight with your beauty sleep...
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jimytomy
04-11 08:15 PM
@AllVNeedGCPC : Did you get any updates on your I-485 ?
@gene77 : Any update on your REF ?
Thanks!
jimytomy
@gene77 : Any update on your REF ?
Thanks!
jimytomy
MDix
08-22 09:32 PM
Simple English : EB2 will be more tough. They do have same strict guideline for EB1 also. If implemented then it will be tough to get EB2.
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
E21(EB2):
5. Paragraph (2)(A) of Chapter 22.2(j) of the AFM is revised to read as follows:
(A) Evaluation of Evidence Submitted in Support of a Petition for an Alien of Exceptional Ability. 8 CFR 204.5(k)(3)(ii) provides that, in order to show the requisite exceptional ability, the petition must be accompanied by at least three of six criteria (set forth in 8 CFR 204.5(k)(3)(ii)). ISOs should use a two-part analysis where the evidence is first counted and then considered in the context of a final merits determination.
Part One: Evaluate Whether the Evidence Provided Meets at Least Three E21 Alien of Exceptional Ability Criteria. You must make a determination regarding whether the evidence submitted in the petition meets at least three criteria at 8 CFR 204.5(k)(3)(ii). Note: While ISOs must consider the quality and caliber of the evidence to determine whether a particular regulatory criterion has been met, the ISO should not make a determination relative to the alien�s claimed exceptional ability in Part One of the case analysis.
(i) An official academic record showing that the alien has a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability;
(ii) Evidence in the form of letter(s) from current or former employer(s) showing that the alien has at least ten years of full-time experience in the occupation for which he or she is being sought;
(iii) A license to practice the profession or certification for a particular profession or occupation;
(iv) Evidence that the alien has commanded a salary, or other remuneration for services, which demonstrates exceptional ability;
Note: To satisfy this criterion, the evidence must show that the alien has commanded a salary or remuneration for services that is indicative of his or her claimed exceptional ability relative to others working in the field.
(v) Evidence of membership in professional associations; or
(vi) Evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 16
(vii) If the above standards do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence to establish the beneficiary's eligibility.
8 CFR 204.5(k)(3)(iii) provides that petitioners may submit �comparable evidence� to establish an alien�s eligibility in cases where the standards set forth in 8 CFR 204.5(k)(3)(ii) do not apply. In cases where such comparable evidence is submitted, it is reasonable to require the petitioner to explain why 8 CFR 204.5(k)(3)(ii) does not apply.
Part One: Evaluative Determination. The determination in Part One of the analysis is limited whether the evidence submitted satisfies at least three of the criteria at 8 CFR 204.5(k)(3)(ii) or the comparable evidence criterion in 8 CFR 204.5(k)(3)(iii). After determining that, by a preponderance of the evidence, those criteria have been met, the ISO should move on to Part Two of the analysis to make a separate merits-based determination of eligibility based on the totality of evidence presented.
Part Two: Final Merits Determination. Meeting the minimum requirement by providing evidence three of the regulatory criteria does not, in itself, establish that the alien in fact meets the requirements for classification as an alien of exceptional ability under section 203(b)(2) of the INA. In Part Two of the analysis, you must consider all of the evidence to make a final merit determination of whether or not the petitioner has, by a preponderance of the evidence, shown that the beneficiary is at a degree of expertise significantly above that ordinarily encountered. Therefore, evidence submitted to establish exceptional ability must somehow place the alien above others in the field in order to fulfill the criteria; qualifications possessed by most members of a given field cannot demonstrate a degree of expertise "significantly above that ordinarily encountered." Note that section 203(b)(2)(C) of INA provides that mere possession of a degree, diploma, certificate or similar award from a college, university school or other institution of learning shall not by itself be considered sufficient evidence of exceptional ability. To meet the criterion set forth in 8 CFR 204.5(k)(3)(ii)(F), formal recognition in the form of certificates and other documentation that are contemporaneous with the alien�s claimed contributions and achievements may have more weight than letters prepared for the petition "recognizing" the alien's achievements.
6. The existing text of paragraph (2)(B) of Chapter 22.2(j) of the AFM is removed and the paragraph is reserved.
7. Technical Correction: The thirteenth paragraph in Chapter 22.2(b)(5)(B) of the AFM is revised to read as follows:
For successor-in-interest purposes, the transfer of ownership may occur at any time after the filing of the original labor certification with DOL.
Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)
Page 17
8. Technical Correction: The DOL email address to use to request duplicate approved labor certifications from DOL in paragraphs (9) and (10) of Chapter 22.2(b) of the AFM is revised (in both paragraphs) to read as follows:
The duplicate
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gccube
07-19 02:29 AM
I personally believe that PD is more significant than the RD but it makes sense to me that RD may take precedence if the PD is current (as suggested by some members of the forum).
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
But if we think that at all times RD is the order they process them what would happen in this scenario
1. A guy with 2001 PD filed later and was 750,000 th guy in the queue of AOS applications.
2. After accepting all the apps USCIS retrogressed the dates to 2002 Jan. That means that USCIS is asking for AOS apps which satisfy this PD. That means that a visa no is available as of that date for adjudication so the first new application received(after they are retrogressed) will be 750,001 th application.
3. If RD is the only processing order at all times then 750,001th application will not be sent to an officer for review until all other 750,000 th applications with a better RD are processed.
4. Assuming that this takes 3 years (for example) then they are accepting an application today which they are not going to even look at in the next three years and this is not making sense to me.
5. If they are accepting the 750,001 th application because that application qualifies for a visa no then that should be processed before the other applications(barring for special cases FBi name check issues, RFEs etc). This means PD comes into picture when there is retrogression. So then they have to apply the same rule for the I-485 applications which are pending with them. They some how have to order them on the PD and I assume this should not be rocket science for them as that data is part of our AOS applications.
Thanks everyone for your inputs.
more...
Sachin_Stock
08-23 10:24 AM
My friend EB2 is all ONE category. Please see the OR in that sentence.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
Its sad but its going to apply for all EB2 applicants.
This draft memorandum was released today for comment until September 3, 2010 when it may be adopted as an official memorandum revising Adjudicators Field Manual. It touches the issues of evidentiary criteria for adjudication of I-140 immigrant petitions in EB-1A(Extraordinary Worker), EB-1B(Outstanding Professor or Researcher), and EB-2(Exceptional Ability), requiring two-prong test in the adjudication.
laststraw
07-15 03:57 PM
Have sent $25 through bill pay
more...
chanduv23
11-24 05:27 PM
I left my GC sponser employer 3 months ago and joined new employer on EAD. I spoke to the new company's attorney to file H1B after 2 months of joining. She said that since I have completed 6 years of my H1B so it does not matter if I am on H1B or on EAD as none of them will provide safety net if something goes wrong on 485. Suddenly, after 15 days, I got an email from my Lawyers's office saying that my new company has given permission to them to apply a H1B extn for me and asked me to send the required docs. I am not sure what prompted them to apply my H1B as I had already given up H1B thing and was happy with EAD. I dont know, it might be something to do with charging fee from my new employer or something. Bottomline is no one knows about it and may be even USCIS might not have this scenario in their rule book.
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
One more thing, in one of the conversations with my new attorney, she mentioned that I can still work on EAD if 485 gets denied because of AC21 reason and MTR has been sent. She said, unless, 485 is denied because of some criminal reason, u can continue working during the MTR period. so another twist??
Maybe we should get it from the horse's mouth and I am sure it is not easy because USCIS will not admit that 485s get denied when invoking AC21
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yabadaba
08-02 08:15 PM
Pappu...emailed it to u. Core IV let me knoe if u want it.
more...
pappu
06-10 01:18 PM
The best way is this .
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
Why?
Is retirement better in USA?
Just curious to know the reasons.
1) Apply labor and I140 .
2) Once I-140 is approved have an understanding with the companyeturn to ( attorney ) that they will not stip your GC processing .
3) Return to Booming India and have fun and make money . Raise kids . Change jobs .
4) Hope that the PD will be current by the time you are 60 and ready to retire .Get your GC stamped in India by 2040 . :D
5) Retire in the USA in instead of India . :D
Advantages
**********
1) Advantage to change jobs and make more money , and not being stuck with a single employer for decades , and be exploited .( exploited does not apply to everyone !!! )
2) Give kids the Indian upbringing .
3) Enjoy with your family , friends and relatives
4) Come and back and retire in USA after retirement .
Why?
Is retirement better in USA?
Just curious to know the reasons.
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immi_twinges
07-20 03:31 PM
She recently announced in her campaign that she will increase the H1B visas
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties
or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy
They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
Then we are sorry.
Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.
We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much
Why is there a misconception about us?
Lets get this thought out of these bone heads
We are not middle class job stealers...We are the building blocks of a strong middle class
She also made a statement that she will try for more benefits for permanent residents.
She does not want to support only the people who are in the process of immigration???
Whats up with that.
May be she is afraid of Lou Dobbs...Recently he has been criticizing her for her Indian ties
or may be she is pro Rich Indian Americans ... this might sound ridiculous but her voting ney is crazy
They always comment about us stealing the middle class jobs...tell me one case where they don't prefer US citizen over immigrant.
I have been interviewing for couple of companies ...the first question they ask is ...Are you US citizen 2nd question r u Permanent resident ..no..
Then we are sorry.
Companies do not prefer US citizens over Immigrants...I don't know where this misconception comes in to play...
There was a guy in our office who used to complain about Chineese and Indians stealing jobs...Believe he is a big slacker ..he recently got fired...people like him form these programmers guilds.
We do not work for less and we are not paid less...may be they deduct our Gc expenses but not much
Why is there a misconception about us?
Lets get this thought out of these bone heads
We are not middle class job stealers...We are the building blocks of a strong middle class
more...
gc_on_demand
04-30 01:49 PM
30 Minutes to go !! :):):):):)
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godbless
04-27 02:37 PM
I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?
more...
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black_logs
03-16 11:07 AM
It's our bad luck that Legal and illegal immigration are bundled together in 1 bill.
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stldude
07-06 12:46 PM
I called USCIS just for fun and the rep. who answered seems to have the updated VB. He says one is linked to another and he doesn't know what this means.. He asked me to wait for 15 days and call them back..
Something's Fishy here. >>>>>>>>>>>>>
PD - May 2003 / EB3
Missed the Boat by a day - Mailed on 6/28 and reached Uscis on 7/2.
Something's Fishy here. >>>>>>>>>>>>>
PD - May 2003 / EB3
Missed the Boat by a day - Mailed on 6/28 and reached Uscis on 7/2.
more...
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ramaonline
06-16 06:40 PM
Another paypal contribution on top of the previous amts - just in response to those friendly bumps..
ID - 8U366744YC025615S
ID - 8U366744YC025615S
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checklaw
07-05 04:05 PM
Curious.
more...
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eb3_nepa
07-05 01:21 PM
Please send the contact info, I will call them too.. Iam from PA also..
Which part of PA?
Look up your Zipcode in
http://www.house.gov
http://www.senate.gov
The Senators in PA are
Sen Arlen Specter. Immigration Contact. Mr Ken Altman
Sen Bob Casey. Immigration Contact: Mr. Kurt
Which part of PA?
Look up your Zipcode in
http://www.house.gov
http://www.senate.gov
The Senators in PA are
Sen Arlen Specter. Immigration Contact. Mr Ken Altman
Sen Bob Casey. Immigration Contact: Mr. Kurt
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Abhi_OneDay
08-24 03:20 PM
My I-140 was filed in EB2 on the 18th of August and I was heart broken this morning when I came across this memo on IV this morning....I do not have a US Masters and was banking on my Bachelors + 5 years to qualify....My attorney sent me the following reply
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
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chintu25
03-09 10:42 AM
Good one ..itsnotfunny....but I will tell you that each one of us does wait with baited breath for the VB .
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
I am all for the FOIA drive and have promised some money as well. But lets just hope and pray that the VB brings some good news for some of us :)
she81
08-13 04:48 PM
I am exactly in the same situation. Sometimes I feel that I should just dump the EB3 application (PD: 12/04) and start a brand new EB2. Maybe the EB2 PD of say 12/08 will end up to be better than EB3 12/04.
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
ilikekilo
10-24 03:15 PM
jsut follweod up with my lawyer and Iwas told that my old company doesnot usaully revoke 140's unless the person left the company b4 the setforth dates as part of GC agreement (4yrs or b4 getting gc ) or the person discharged for some other reason...
HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys
HOWEVER i am still not taking chances and am participating int his campn. and alreay sent email as requested..tx guys
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